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This entry was published on 2014-09-22
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Conduct of election; challenges
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 53
§ 2609. Conduct of election; challenges. 1. Such elections shall be
conducted, so far as may be, in accordance with the provisions of the
election law, relative to general elections, except as otherwise
provided herein. Ballot boxes shall be provided by the board of
education for each school election district, at least one to contain the
ballots voted and at least one other for the rejected or defective

2. All persons whose names appear upon the register prepared for such
election as residing in such election district shall be permitted to
vote and shall be given ballots for such purpose.

Where the general election registers have been turned over to the
board of education, the board may require that the registers be used on
election day for the purpose of verifying the signature of each voter.
Where the board of elections, or other authority having lawful custody
of the register or registers, has elected to furnish certified registry
lists in place of the original registers, the board of education may
require that any voter offer evidence to prove his identity before being
permitted to vote. In such case, not less than ten days prior to
election day, the board shall establish reasonable rules and regulations
governing the evidence necessary to prove the identity of each voter.

3. Booths shall be provided and voters shall be required to enter such
booths for the purpose of marking their ballots. The ballots when
presented to the inspector shall be folded so as to conceal the names of
the candidates for whom the voter has voted.

4. All voters entitled to vote who are in the place where the election
is held at or before the time of closing the polls shall be allowed to
vote. The inspectors shall keep a poll list, containing the name and
address of each qualified elector who votes at such election for the
candidates or propositions voted for thereat.

4-a. (a) At each such election there shall be conspicuously placed, by
the inspectors of election, distance markers at a distance of one
hundred feet from the polling place. Such distance markers shall
indicate the prohibition contained in paragraph (b) of this subdivision
and shall be so placed at least one-half hour before the opening of the
polls and shall remain until the polls are closed.

(b) Where such markers are so placed and the polls are open, no person
shall do any electioneering within the polling place, or within one
hundred feet therefrom in any public street, or within such distance in
any place in a public manner and no banner, poster or placard on behalf
of or in opposition to any candidate or issue to be voted upon shall be
allowed in or upon the polling place or within one hundred feet
therefrom during the election. For the purposes of this subdivision, the
one hundred foot distance shall be deemed to include a one hundred foot
radial measured from the entrances, designated by the inspectors of
election, to a building where such election is being held. This section
shall not be deemed to prohibit the board of trustees or board of
education from displaying within any polling place a copy or copies of
any proposition to be voted upon.

(c) Any person who wilfully violates the provisions of paragraph (b)
of this subdivision shall be guilty of a misdemeanor.

5. Any qualified voter of a city school district may challenge the
right of a person to vote at the time when he requests a ballot. All
persons named upon the applicable register as having been challenged
prior to the day of the election shall also be challenged before they
are given ballots to vote. The chairman of the board of inspectors shall
administer to each person so challenged the following oath: "I do
solemnly swear (or affirm) that I am a citizen of the United States;
that I am of the age of eighteen years or more; that I have been an
inhabitant of the State for the past year, a resident of the county for
the past four months and for the thirty days past an actual resident of
this city school district and am therefore qualified to vote at this
election." If the person challenged so swears or affirms, he shall be
permitted to vote at such election; but if he shall refuse to so swear
or affirm, he shall not be given a ballot or be permitted to vote.

6. A person who wilfully swears or affirms falsely as to his right to
vote at such election after his right to vote has been challenged is
guilty of perjury and may be punished in the manner provided by law for
the punishment of such crime. A person who is not qualified to vote at
such election who shall vote thereat, although not challenged, shall be
guilty of a misdemeanor, punishable by a fine of not less than
twenty-five dollars, or by imprisonment for not less than thirty days,
or by both such fine and imprisonment.